An unexpected death in the family is an emotional and difficult experience. If negligence or malicious intent played a role in your loved one’s death, you may be dealing with additional feelings of anger or uncertainty over how to hold the wrongdoer accountable.
Let a Covington wrongful death lawyer guide you and your family through your options for seeking justice and compensation for your losses. The compassionate attorneys at O’Connor, Acciani & Levy are here to help you through this trying time and advocate for your best interests at every step of the way.
Classifying Wrongful Death Cases
Ky. Rev. Stat. §411.130(1) details the state’s definition of wrongful death. To present a claim of this kind to a criminal or civil court, the plaintiff and their attorney must establish that the primary cause of death was medical malpractice or negligence, deliberate or otherwise. Deliberate acts by the defendant may also warrant a wrongful death case.
Filing a Wrongful Death Claim in Covington
There are two ways to pursue compensation in wrongful death cases. Interested parties have the option to file a wrongful death claim in either criminal or civil court. Plaintiffs who present wrongful death claims in civil court must prove beyond a reasonable doubt that the injured party died due to the defendant’s negligence or deliberate intent.
In civil court, a plaintiff and their legal counsel must only submit reasonable evidence to suggest negligence played the primary role in the wrongful death. Interested parties may issue both civil and criminal suits against the same defendant when pursuing compensation for a wrongful death.
Who May Submit a Claim for Wrongful Death?
Only a few specific parties may file a wrongful death claim in Kentucky. As outlined by Ky. Rev. Stat §411.130, these parties include the deceased person’s spouse or children.
All parties interested in pursuing wrongful death cases must deliver their claims to court within a year of the person’s passing. Kentucky’s statute of limitations, listed in Ky. Rev. Stat. §413.180, states that a plaintiff’s right to pursue legal action will be dismissed if they do not follow these deadlines.
Compensation for Fatal Accidents
An experienced attorney at our Covington office can help a family pursue various types of compensation for their losses following the wrongful death of a loved one. This compensation can include but is not have to be limited to:
- The deceased’s remaining medical expenses and expenses generated prior to death
- Pain and suffering
- Mental distress
- Funeral and burial expenses
If the circumstances surrounding a person’s death were particularly egregious, then Kentucky courts may issue punitive charges against the at-fault parties. However, plaintiffs may not request these charges in an initial claim. A knowledgeable wrongful death attorney at O’Connor, Acciani & Levy will further advise on what financial adjustments and damages may be available for a particular case.
Consult with a Wrongful Death Attorney in Covington
Although financial compensation can never account for the loss of a loved one, a successful claim for damages could help you and your family gain a sense of accountability from the wrongdoer. Restitution can also ensure that you have the resources necessary to move forward with your lives.
Let a Covington wrongful death lawyer ease this difficult process and offer crucial support. The attorneys at O’Connor, Acciani & Levy are here to discuss your needs and determine an effective course of action. Contact us to schedule a case consultation with our compassionate legal team.